Is son (of divorce wife) claim property of expired father

895 votes

As per to your query yes son of sujit saha ex wife can claim the property as because biological father's or grandmother's property as their legal heir even after your divorce from your husband. After divorce only the relation between man and woman comes to an end, but the relation of father / mother and son / daughter remains unchanged.

Advocate Lucky Mukherjee LawRato

1000 votes

Yes, both are the Son of deceased Sujit Saha has right upon their father's property. Divorce happens between husband and wife, not between Parents and Children. So both the sons have equal right to claim their father's property including her present wife.

Advocate Abhijit Datta Chowdhury LawRato

945 votes

If the referred property is located in India and the same is intestate property , all class I heirs shall be eligible for such property subject to fulfilment of pertinent legal formalities.In the instant case son of the divorced​ wife shall also be lawfully eligible for his share to such property.

Advocate Goutam Majumder LawRato

878 votes

While answering this query, we are assuming that you and your former husband are Hindus by religion and are governed by the provisions of Hindu law and that you have not received the house in question or any interest in the said house by way of maintenance or settlement under the order of any court of law whatsoever. We are further assuming that your former husband is the sole owner of the said house and that the same is his self-acquired property and not a joint Hindu family property.
If your former husband executes a last will and testament, then he is at liberty to bequeath the said house in question to any number of persons in any proportion that he wishes (which may or may not include your son).
Section 8 of the Hindu Succession Act, 1956, lays down the general rules of succession in the case of Hindu males who have died intestate (without executing their will) and inter-alia states that the property of such Hindu male shall devolve firstly upon the heirs of the deceased, being class I heirs and secondly, if there are no class I heirs, then upon class II heirs. This section also states how property will devolve if there are neither class I nor class II heirs. Class I heirs include a son, It is to be noted that a son is a class I heir of the deceased and it makes no difference whether the son is from the first or second marriage. Thus, all the children of your former husband will be entitled to a share in the said house. It is to be noted that the proportion of interest that your son will inherit in the said house shall depend on the number of class I heirs of your former husband alive on the date of his demise.
Assuming that the present wife of your former husband, their son and your son are the only surviving class I heirs of your former husband on the date of his demise and your husband dies intestate, then all three shall be entitled to equal 1/3rd share each in the said house.
All the best. Regards

Advocate Ujjal Kumar Ray LawRato

888 votes

Dear querist,
I am at times appal and also at times bemused by your question...who exactly are you representing? There are people who see a glass half empty, and there are people who see the glass half full... there are ways to protect yourself only if we meet our faki...

Advocate Rahul Uday Singh LawRato